Local Government (Planning and Development) Act, 1982

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Limit of duration of planning permission.

2.—(1) Subject to subsection (2) of this section, a permission granted under Part IV of the Principal Act, whether before or after the passing of this Act, shall on the expiration of the appropriate period (but without prejudice to the validity of anything done pursuant thereto prior to the expiration of that period) cease to have effect as regards—

(a) in case the development to which the permission relates is not commenced during that period, the entire development, and

(b) in case such development is commenced during that period, so much thereof as is not completed within that period.

(2) (a) Subsection (1) of this section shall not apply—

(i) to any permission for the retention on land of any structure,

(ii) to any permission granted either for a limited period only or subject to a condition which is of a kind described in section 26 (2) (j) or 27 (2) (f) of the Principal Act,

(iii) to any permission which is of a class or description specified in regulations made by the Minister for the purposes of this section,

(iv) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission,

(v) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services and open spaces included in the relevant permission and which are necessary for or ancillary to such completed buildings.

(b) Subsection (1) of this section shall not affect—

(i) the continuance of any use, in accordance with a permission, of land,

(ii) where a development has been completed (whether to an extent described in paragraph (a) of this subsection or otherwise), the obligation of any person to comply with any condition attached to the relevant permission whereby something is required either to be done or not to be done.

(3) (a) Where regulations under this section are proposed to be made, the Minister shall cause a draft thereof to be laid before both Houses of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(b) Section 10 (2) of the Principal Act shall not apply in relation to regulations made under this section.

(4) This section shall be deemed to have come into operation on the 1st day of November, 1981.

(5) In this section and in section 4 of this Act, “the appropriate period” means—

(a) in relation to any permission which was granted before the 1st day of November, 1976, the period beginning on the date of such grant and ending on the 31st day of October, 1983,

(b) in relation to any permission which was or is granted not earlier than the 1st day of November, 1976, nor later than the 31st day of October, 1982—

(i) in case in relation to the permission a period is specified pursuant to section 3 of this Act, that period, and

(ii) in any other case, the period ending either on the day which is seven years after the date of such grant or the 31st day of October, 1987, whichever is the earlier,

(c) in relation to any permission which was or is granted on or after the 1st day of November, 1982—

(i) in case in relation to the permission a period is specified pursuant to section 3 of this Act, that period, and

(ii) in any other case, the period of five years beginning on the date of such grant:

Provided that where a planning authority have, before the commencement of this section, made an order under section 29 (9) of the Act of 1976 and by virtue of the order the permission to which the order relates would, if this section had not been enacted, cease to have effect on a date which is later than that on which it would, apart from this proviso, cease to have effect, then, notwithstanding the foregoing provisions of this section and section 15 of this Act, the appropriate period in relation to the permission shall end on such later date.

(6) A planning authority in exercising, in relation to a permission referred to in subsection (5) (b) of this section, the power conferred on them by section 3 of this Act shall not exercise the power so as to specify a period which is shorter than that which, by virtue of the said subsection (5) (b), would apply in relation to the permission if the power were not so exercised.